HOUSE DOCKET, NO. 337        FILED ON: 1/12/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1931

The Commonwealth of Massachusetts

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PRESENTED BY:

Francisco E. Paulino and Pavel Payano

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to employee wage payment.

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PETITION OF:

HOUSE DOCKET, NO. 337        FILED ON: 1/12/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1931

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to employee wage payment.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 148 of chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the seventh paragraph and inserting in place thereof the following 11 paragraphs:-

Every employer shall pay all wages due to employees on regular paydays designated in advance by the employer and at no cost to the employee. Wages shall be paid to an employee by an employer:

(1) in lawful money of the United States;

(2) by electronic fund transfer;

(3) by direct deposit with written authorization of the employee to a financial institution of the employee's choice;

(4) by a payroll card provided by the employer that shall provide at least 1 free means to withdraw up to the full amount of the balance on the employee's payroll card or payroll card account during each pay period at a financial institution or other location convenient to the place of employment. None of the employer's costs associated with a payroll card or payroll card account shall be passed on to the employee; or

(5) with a check on a financial institution convenient to the place of employment where suitable arrangements are made for the cashing of such checks by employees for the full amount of wages due; provided, however, that if an employer elects to pay employees as specified in paragraphs (2), (3) or (4), the employer shall offer employees the option of being paid as specified in this paragraph;  and provided further, that all wages in the nature of health and welfare fund or pension fund contributions required pursuant to a health and welfare fund trust agreement, pension fund trust agreement, collective bargaining agreement or other agreement adopted for the benefit of employees and agreed to by the employer shall be paid by every such employer within 30 days of the date of demand for such payment, with the payment to be made to the administrator or other designated official of the applicable health and welfare or pension trust fund.

If an employer offers its employees the option of receiving wages by a payroll card, the employer shall:

(1) provide to the employee written disclosure in plain language of all the employee's wage payment options. The written disclosure shall state the terms and conditions of the payroll card account option, including, but not limited to, the requirements set forth in this section and a complete itemized list of all known fees that may be deducted from the employee's payroll card account by the employer or card issuer. The disclosure shall also state whether third parties may assess transaction fees in addition to the fees assessed by the employee's payroll card issuer. In no event shall the employer provide payment of wages to a payroll card that has an expiration date, unless the employer agrees to provide a replacement payroll card before the expiration date at no cost to the employee;

(2) initiate payment of wages to an employee by electronic fund transfer to a payroll card account only after the employee has voluntarily consented in writing to that method of payment. Consent to payment of wages by electronic fund transfer to a payroll card account shall not be a condition of hire or continued employment. The written consent signed by the employee shall include the terms and conditions of the payroll card account option;

(3) provide written notice of any change to any of the terms and conditions of the payroll card or payroll card account, including, but not limited to, an itemized list of all fees that may have changed, and obtain written assent from the employee that the employee voluntarily consents to receive wages to a payroll card or payroll card account subject to the changes. The employer shall be responsible for any increase in fees charged to the employee before the employer provides written notice of such changes to the employee; and

(4) provide the employee the option to discontinue receipt of wages by a payroll card or payroll card account at any time, without penalty to the employee.